The work of influencers finally defined in France. Parliament agreed, this Thursday, on the bill governing commercial influence and aimed at combating the excesses of online influencers, after several long months of controversy in the field.
"The senators and deputies clarified the contours of a commercial activity still poorly understood by the public authorities, strengthened the legal framework applicable to actors of commercial influence and specified the responsibilities and obligations incumbent on them, believing that this bill will support the professionalization of the sector and punish ill-intentioned actors," says the Senate in a press release.
📢 Law on influencers: an unprecedented agreement to better protect consumers
Meeting in a joint committee, senators and deputies reached a unanimous agreement on the #PPLInfluenceurs.
Press release:
đź”— https://t.co/qcY1JfH1Qx pic.twitter.com/zZc4ZzZqEg
— Senate (@Senat) May 25, 2023
Voted unanimously by deputies and senators in the joint committee, the text clearly defines what commercial influence is, and obliges any activity of this kind to be framed by a "written contract".
Are made illegal many promotions deemed harmful, such as "the promotion of surgery and reinforced aesthetic medicine", "products with nicotine", sports betting and games of chance for minors, detail the deputies Arthur Delaporte (PS) and Stéphane Vojetta (Renaissance), co-rapporteurs of the bill in the Assembly, in a statement. The promotion of health products is strictly regulated, and the promotion of therapeutic abstention is strictly prohibited.
🗞️ Law on #influenceurs: MPs and senators have reached an agreement - unanimously - on a regulatory text, a pioneer in Europe.
Our press release with @StephaneVojetta ⤵️ pic.twitter.com/GAe4965so6
— Arthur Delaporte (@ArthurDelaporte) May 25, 2023
"Only financial products and cryptocurrencies from players registered with the AMF will be able to be promoted, within a framework that is always regulated," warn the deputies. Influencers and content creators will now be required to add "advertising" or "commercial collaboration" to "the entire promotion".
"Cheaters" will be "punished"
"All those who cheat, all those who do not play the game, will be punished. And I can guarantee you that they will be sanctioned with the greatest firmness, "reacts, for his part, the Minister of the Economy Bruno Le Maire in a video, welcoming in passing the agreement found by the deputies and senators. Failure to comply with the law could result in up to two years in prison and a fine of 300,000 euros, as well as a ban on working as an influencer.
It is now in the law: commercial influence is recognized as a real economic sector. pic.twitter.com/eMtfd8Vp2a
— Bruno Le Maire (@BrunoLeMaire) May 25, 2023
"For the first time, MPs and senators have just recognized influencers as a real profession. This is a major step forward, we are the first nation in the world" to recognize this profession "with a framework and legislation," says Bruno Le Maire. The text is expected to be adopted by Parliament on 31 May, and should therefore enter into force in June.
Popularized by the rapper Booba turned whistleblower, the subject of the excesses of influencers, nicknamed "influencers", continues to worry Internet users since last summer. In question, in particular, their promotions of products harmful to health, dubious financial products, projects diverting the personal training account, or products from dropshipping.
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To "pull the sector up", several content creator agencies have also come together under the aegis of Umicc, a professional federation that has established an ethical charter. A federation that excludes two agencies often singled out by Internet users, and which represent influencers from reality TV: Shauna Events, founded by Magali Berdah, and We Events, by Wesley Nakache.